Plan Confirmation

Fifth Circuit Bans Molina Provisions in Chapter 13 Plans

Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.

Court :

5th Circuit

Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract

In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.

Court :

11th Circuit

Sixth Circuit Allows Chapter 13 Debtors to Continue Retirement Plan Contributions

Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’

Court :

6th Circuit

Congress Giveth and Congress Taketh Away: The “Retroactive” Availability of Subchapter V

July 2020

Topic Tags

Plan Confirmation

Business Reorganization

Small Business

Wednesday, May 27, 2020

Article Tags

Business Reorganization

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Tuesday, May 26, 2020

Article Tags

Claims

Bankruptcy Litigation

Business Reorganization

Mass Torts

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